Rural Fires Act Amendment Act 1977 (Qld)

118 1tPPxta ^2Ett1^' ANNO VICESIMO SEXTO ELIZABE THAE SECUN DAE REG T E No. 14 of 1977 An, Act to a m end the Ru ra l Fires Act 1946 - 1975 in certain p art iculars [ASSENTED TO 14TH APRIL, 1977] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Rural Fires Act Amendment Act 1977. (2) The Rural Fires Act 1946-1975 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Rural Fires Act 1946-1977.

Rural Fires Act Amendment Act 1977, No. i4 119 2. Repeal of and new s. 20. The Principal Act is amended by repealing section 20 and substituting the following section:- " 20. Restriction on sale, use or possession of wax matches, etc. (1) The Minister may from time to time, by notification published in the Gazette, in relation to the whole of the State or in relation to such part or parts of the State as are specified by him in the notification- (a) prohibit the sale, use or possession of wax matches or phosphorous baits and the use of fireworks or prohibit any of the same save under the authority of a permit issued by a person nominated in the notification and in accordance with such conditions as are specified in the permit issued; (b) prohibit the use of producer-gas units or appliances or material specified in the notification being things of a type likely to cause vegetation to become ignited or prohibit the same save in accordance with such conditions as are specified in the notification. (2) A notification under subsection (1) of this section may be of unlimited duration or may be expressed to be in force for a period specified therein in which latter case it shall remain in force only for the period so specified. (3) Any person who does any act that is prohibited by the Minister under subsection (1) of this section shall be guilty of an offence against this Act.". 3. Amendment of s. 28. Section 28 of the Principal Act is amended by, in subsection (5), omitting the expression " $800 " and substituting the expression " $ 1 600 ". 4. Amendment of s. 48 , Section 48 of the Principal Act is amended by, in subsection (I)- (a) in provision (i) omitting the words "on any order" and substituting the words " in any notification, order "; (b) inserting at the end of provision (j) the expression "; or "; (e) omitting the expression " $400 " and the expression " $800 " and substituting the expression " $800 " and the expression " $1 600 " respectively. 5. Amendment of s. 49. Section 49 of the Principal Act is amended by omitting the expression " $2 000 " and substituting the expression " $4 000 ' . 6. Amendment of s. 50 . Section 50 of the Principal Act is amended by, in subsection (3), omitting the expression " $400 " and the expression " $800 " and substituting the expression " $800 " and the expression " $1 600 " respectively. `.Repeal of and new s. 54A. The Principal Act is amended by repealing section 54A and substituting the following section:- " 54A. Liability for offence when bod y corporate owner or occupi er. (1) Where any provision of this Act requires or permits a direction, order or notice to be-Riven to the owner or occupier

120 Rural Fires Act Amendment Act 1977, No. 14 of any place ( whether in writing or orally ) and the owner or occupier of the place in question is a body corporate, a direction , order or n otice given ( either in writing or orally) to any person appearing to have attained the age of 16 years and who, at the time of such giving , appears to be a person in charge of the place in question shall be deemed to be thereby given to the owner and occupier of that place. (2) Where an offence against any provision of this Act is committed by a body corporate every person who is a member of the governing body of such body corporate shall be deemed to have committed the offence and may be prosecuted in respect of the offence unless he proves that the offence was committed without his knowledge and that he had used all due diligence to prevent the commission of an offence such as that committed.". 8. Amendment of s. 58. Section 58 of the Principal Act is amended by, in subsection (2), omitting the expression " $200 " and substituting the expression " $400 ".